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Notice of Taking Deposition Duces Tecum


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Ok, not liking this at all. No judgment has been granted up to this point. We had a hearing and the judge told them to produce a copy of the last statement showing a payment to provide proof/validation that the debt is indeed mine. Talked settlement, didn't come to agreeable language for settlement. Now this. First issue is the hearing is set for next week. Obviously this is not a reasonable amount of time to prepare for the deposition. Need to file a motion to quash or a motion for a protective order to prevent them from actually deposing me. My first issue will be that it was a reasonable amount of time to prepare. My second issue will be following the Florida Rules of Procedure that reads:

As per 1.280©:

© Protective Orders. Upon motion by a party or by the person from whom discovery is sought, and for good cause shown, the court in which the action is pending

may make any order to protect a party or person from annoyance, embarrassment,

oppression, or undue burden or expense that justice requires, including one or more of the

following: (1) that the discovery not be had; (2) that the discovery may be had only on specified terms and conditions, including a designation of the time or place; (3) that the

discovery may be had only be a method of discovery other than that selected by the party

seeking discovery; (4) that discovery be conducted with no one present except persons

designated by the court; (6) that a deposition after being sealed be opened only by order

of the court; (7) that a trade secret or other confidential research, development, or

commercial information not be disclosed or be disclosed only in a designated way; and (8) that the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court. If the motion for a protective

order is denied in whole or in part, the court may, on such terms and conditions as are just, order that any party or person provide or permit discovery.

I am going to 'argue' that the lawyer is trying to 'embarass' and 'annoy' me since he didn't get his summary judgment. Obviously not in those exact words. He made several comments to me prior to the actual hearing that were improper so I would include this is the motion.

I am trying again to settle, but I just want to make sure if things don't work out I have my ducks in a row. I am not a lawyer, but I do actually enjoy doing the research and writing up all the legal documents, I just don't like having to do it for MYSELF!!!!

The documents they are requesting are the last three years tax returns, bank records, check ledgers, and my divorce papers.

Any advice?? I could really use it and I am sure someone else might end up in this situation someday and be able to learn from my experience. Thanks in advance!

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